SB 275

This bill makes several changes to municipal court practice and procedure.

Current law requires municipal judges to take and file an official oath and

execute and file an official bond with the clerk of the city, town, or village where the

judge was elected.

This bill eliminates a provision that requires municipal judges to file the oath

and bond with the clerk of the circuit court that the municipal judge serves. The bill

also eliminates a requirement that the clerks of the circuit courts annually send a

certified list of all municipal court judges who filed their official bonds with the clerks

during the preceding year.

Under current law, a citation or complaint alleging a violation of a municipal

ordinance must be signed by a law enforcement officer, an attorney representing the

municipality, or, under certain circumstances, a conservation warden, municipal

official, or municipal employee (signatory). This bill eliminates the requirement that

the citation be signed and, instead, requires only that the name of the signatory

appear in the citation or complaint.

Current law requires a defendant in municipal court to make an initial court

appearance in person or in a written response to the citation or complaint. Current

law permits a municipal court judge to order a default judgment against a defendant

who fails to make an initial appearance or to make a deposit in the amount set for

the violation. This bill permits a municipal court judge to order a default judgment

against a defendant who fails to appear at trial.

Under current law, a person who appeals a municipal court judgment or

decision (appellant) must pay for the cost of any transcript made of electronic

recordings of the municipal court action. Current law also requires the appellant to

pay a $10 fee for the preparation of the transcript. Finally, under certain

circumstances, current law requires a defendant appellant who does not prevail on

appeal or whose appeal is dismissed to pay for the cost of the transcript. This bill

eliminates the requirement that the appellant pay a $10 transcript fee, and

eliminates the duplicative requirement that a defendant appellant pay for the cost

of the transcript if the appellant does not prevail on appeal.